GlanceCam for Mac Terms of Service (TOS)

The GlanceCam for Mac application, components, extensions, site and services available in connection with the software application (the “App”, “GlanceCam”) are made available to you by Cesare Forelli (“I”, “Me”, or “My”) subject both to these Terms of Service and to the terms set forth in the Privacy Policy (collectively the “Terms”). Please take a moment to review both documents before using the App.

BY ACCESSING, USING OR DOWNLOADING ANY MATERIAL FROM THE APP, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS, which may be updated by me from time to time without notice to you. You can review the most current version of the Terms of Service at any time at the URL you are currently reading this document from (https://cdf1982.com/privacy/glancecam_terms_of_service.html) and the current version of the Privacy Policy at https://cdf1982.com/privacy/glancecam_privacy_policy.html.

I may and will make improvements and/or changes in the products, services, applications, features, programs, and prices described in this App at any time without notice.

YOU WILL NEVER RELY ON, USE OR ATTEMPT TO USE THE APP IN AN EMERGENCY AND OR DANGEROUS AND OR CRITICAL SITUATION, NOR WILL USE OR ATTEMPT TO USE THE SOFTWARE IN SITUATIONS THAT COULD POTENTIALLY LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE APP IS NOT INTENDED FOR USE MONITORING THE HEALTH AND SAFETY OF HUMAN BEINGS OF ANY AGE AND OTHER CREATURES, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ACKNOWLEDGE THAT THE APP CAN MALFUNCTION, STOP, CRASH AND THAT THE VIDEO STREAMS IT DISPLAYS FROM THIRD PARTY HARDWARE (CAMERAS) COULD FREEZE FOR ANY REASON INCLUDING REASONS NOT DETERMINED BY THE APP; THIS CAN HAPPEN WITHOUT WARNING AND THEREFORE YOU WILL ONLY USE THE APP IF AND WHEN NO DANGER IS POSED BY ANY MALFUNCTION.

If you do not agree with all the Terms, please do not use this App. BY CONTINUING TO USE THE APP, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

I reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that I shall not be liable to you or to any third party for any modification, suspension, temporary or permanent malfunction, incompatibility with your hardware, discontinuance of the App or any portion thereof.


Subscription Payments, Renewals, and Cancellation

If you choose to buy a GlanceCam Pro subscription or other in-app purchases, payment will be charged to your Apple ID account at the confirmation of purchase. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.

All purchases are final. I cannot issue refunds for purchases charged by Apple to your Apple ID.

GlanceCam for Mac and GlanceCam Pro purchases / subscriptions do only include the macOS version of the app, written in Cocoa specifically for the Mac; possible future versions, if ever released, of GlanceCam developed from the ground up for different platforms (iOS, iPadOS, watchOS, tvOS, etc.) will require separate purchases / subscriptions that were and are not included with any purchase of the stand-alone Mac version.


Termination

I may, in my sole discretion, terminate or suspend your access to all or part of the App at any time, with or without notice, for any reason, including, without limitation, breach of these terms.


Proprietary Rights

You acknowledge and agree that the App and any necessary software used in connection with the App (if any) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the software or Content available on the App (other than Content that you may submit), in whole or in part.

I grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by me for use in accessing the App.

The terms “GlanceCam”, “GlanceCam Pro” and the GlanceCam logo are the exclusive trademarks of, and are owned by Cesare Forelli, and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the App are the property of their respective owners.

I reserve all rights not expressly granted hereunder.

GlanceCam is distributed with the following third party software licensed under the terms of the GNU Lesser General Public License version 2.1 (LGPL-2.1) and of the MIT License. These open source software are distributed in the hope that they will be useful, but WITHOUT ANY WARRANTY, including the implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Their malfunction can cause the malfunction of the App.

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE IN THE APP ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. I AND MY SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. I AND MY SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APP WILL BE CORRECTED.

YOU EXPRESSLY AGREE TO RELEASE I, MY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APP, (c) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Indemnity

You agree to indemnify and hold me and my subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the App, your use of the App, your connection to the App, your violation of the Terms, or your violation of any rights of another person or entity.


Applicable Laws

This App is controlled by Cesare Forelli from within Italy. I make no representation that the Content in the App or the App are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this App from locations outside of Italy do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of export laws and regulations. Any action related to the App, the Content or the Terms shall be governed by Italian law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the courts located in Savona, Italy for any legal proceedings related to the App or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the App or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Applicable sections of this document shall survive termination of your account and/or the Terms.


General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cesare Forelli as a result of the Terms or your use of the App. The Terms of Service and Privacy Policy constitute the entire agreement between you and Cesare Forelli with respect to your use of the App. My failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us. I have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the App. Our notice to you via email, regular mail, or notices or links on the App shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

If you have any questions regarding this document, please contact me via email at support@cdf1982.com.

I reserved the right to modify this document; when I do, I will publish those changes on this page, updating the following modification date.

Last revision: June 4, 2024